GIRRAJ BANSAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an anticipatory bail moved on behalf of the petitioners in relation to FIR No. 0005/2024, registered at Police Station Kotwali, District Ganganagar, for the offences punishable under Ss. 420 and 406 of the Indian Penal Code.

(2.) I may briefly refer to the relevant aspects of case of prosecution, as emerging from the F.I.R. allegations which inter alia are that complainant firm deals in agricultural commodities. The directors of the accused company "Om Shri Shubh Labh Agrotech Private Limited" are Girraj Bansal, Ketan, and Akhilesh. The company purchases agricultural commodities through its directors. Credit account of the transactions made by the accused with the complainant has been ongoing since April 1, 2020. As of April 1, 2023, the complainant was owed a total of Rs.6,71,92,431.25 by the accused. The three directors of the company acknowledged this debt and assured early payment. They issued a cheque for Rs.5.00 crore dated December 12, 2023, for this payment. However, the cheque was dishonored when deposited in the bank. In this manner, the accused has committed criminal breach of trust by deliberately usurping the goods and not paying for the commodities purchased on credit from the complainant. On the basis of aforesaid report, a formal FIR was registered against the petitioners and matter is under investigation.

(3.) To begin at the beginning Shri Jaipal Choudhary and Mr. Hitesh Kumar, learned counsel representing petitioners have fervently argued that both the parties were in business transaction since 1/4/2020; that entire dispute between the parties pertains to an alleged excess claiming amount against their sale; that the petitioners were not agree to pay more than the actual due amount (i.e. Rs.3,12,56,652.00); that the complainant has concocted this false and fabricating story by misusing the security cheque; that both the parties were doing business and for the said purpose, the complainant company took few blank cheques as security cheques; that the matter pertain to purely of civil and commercial dispute but with malafide intention complainant has given it a criminal colour by way of filing this FIR; that no offence of cheating or fraud can be established since there was no dishonest intention from the very beginning of the transaction; that the petitioner has already joined the investigation and also made a representation dtd. 18/1/2024. Further, the petitioners are willing and ready to settle the dispute amicably.